Moore, Aaron Jacob

Opinion

PD-1634-1

FILED IN COURT OF CRIMINAL APPEAL COURT OF CRIMINAL APPEALS AUSTIN, TEXA

Transmitted 8/13/2015 8:55:42 Al August 13, 2015 Accepted 8/13/2015 10:11:47 Af ABEL ACOST,

ABELACOSTA, CLERK No. PD-1634-14 CLER

AARON JACOB MOORE IN THE

VS. § COURT OF CRIMINAL APPEALS

STATE OF TEXAS STATE OF TEXAS

STATE'S MOTION FOR LEAVE TO FILE REPLY BRIEF TO APPELLANT'S BRIEF ON THE MERITS

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the State of Texas by and through its District Attorney, 268th

Judicial District, Fort Bend County, and pursuant to Rule ofAppellate Procedure 70.4

moves this Court to grant leave to file a reply to Appellant's briefon the merits ofthe

State's petition for discretionary review.

This Court granted the State's petition on one issue:

Does the court of appeals's construction of "the state" in Section 54.02(j)(4)(A), Family Code require dismissal of a case with prejudice without consideration of the factors for oppressive delay in violation of the separation of powers doctrine?

Moore v. State, No. PD-1634-14 (Tex. Crim. App. April 22, 2015).

The State filed its brief on June 9, 2015, and Appellant filed his brief on July

27, 2015. This Court has set this case for submission on August 19, 2015.

The State believes that its reply to Appellant's brief will aid this Court in its

decision by concisely addressing flaws in Appellant's argument, such as that the office

of the district attorney is legislatively, rather than constitutionally created, and that

Williams v. State, 938 S.W.2d 456 (Tex. Crim. App. 1997), supports a finding that

Section 54.02(j)(4)(A) is contractual in nature like the Interstate Agreement for

Detainers Act.

WHEREFORE, PREMISES CONSIDERED, the State respectfully asks this

Court to grant it leave to file its reply to Appellant's briefon the merits ofthe question

granted.

Respectfully submitted,

k John F. Healey, Jr. SBOT # 09328300 District Attorney, 268th Judicial District Fort Bend County, Texas

/s/ Gail Kikawa McConnell Gail Kikawa McConnell SBOT# 11395400 Assistant District Attorney 301 Jackson Street, Room 101 Fort Bend County, Texas 77469 (281) 238-3205 / (281) 238-3340 (fax) Gail.McConnell@fortbendcountytx.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing State's motion for leave to file its reply brief was served on August 13, 2015, by the electronic filing manager or by email August 13, 2015, on Ms. Carmen Roe, Attorney for Appellant, <carmen@,carrneiiroe.corn>. and on Ms. Lisa McMinn, State Prosecuting Attorney, <Lisa.McMinn@spa.texas.gov>. Gail Kikawa McConnell Gail Kikawa McConnell